Consortium Terms &
Conditions’s
VERTICAL IDENTITY DRUG & ALCOHOL CONSORTIUM TERMS AND CONDITIONS FOR CONSORTIUM MEMBERS
Purpose
Vertical Identity Consortium [Vertical Identity, Consortium] and Motor Carrier Member [Member, Motor Carrier, Employer] enter into this Agreement for the purpose of meeting the requirements for a Random Drug & Alcohol Testing Program as ordered by the Department of Transportation regulations. 49CFR 40.345 allows a Consortium to act as an Intermediary in the transmission of limited drug and alcohol testing information to employers. As the motor carrier, the decision of whether or not to use an Intermediary is yours. When dealing with an Owner Operator Motor Carrier, with no assigned designated employer representative (DER), the Consortium may act as your DER under certain regulations exceptions as defined under CFR Title 49 Subpart Q. If the Consortium is your DER, the Consortium will be responsible for notifying, scheduling, and reporting your random drug and alcohol tests. Consortium is also responsible for reporting refusals, failure to test, and any notification issues to the Federal Motor Carrier Safety Administration (FMCSA).
Consortium Obligations
Services provided to Member to include the following:
- Certificate of Enrollment with automatic renewals each year
- Notifications to member of safety sensitive employee(s) selected for random drug and/or alcohol test
- Reminder service to Member’s DER of employees that have not submitted to random testing
- Scheduling of tests at contracted facilities at Member’s request
- Records Retention, record Keeping, and administrative support
- Semi-Annual statistical report as mandated by 49 CFR Part 40.111
- Preparation of annual MIS Report when required or requested
Fees for Drug and Alcohol Testing are not included in the subscription enrollment fees. Specific à la carte services may be ordered during the enrollment process for additional fees. These include but are not limited to: Pre-Employment Drug Test, DOT Physical, PSP/MVR Driver Files, Clearinghouse Query, or Background Check.
Consortium can assist you with other required drug and alcohol testing for additional costs. These include Pre-Employment, Post-Accident, Follow-Up, Random, Return-to-Duty, and Reasonable Suspicion.
Member Obligations
- Member will provide policy and procedures regarding drug & alcohol testing in the workplace.
- Member will provide initial list of covered safety sensitive employees and update the list as necessary or requested by Consortium.
- Member will maintain files consistent with program compliance and assign a company drug & alcohol representative to work with Consortium, unless the Consortium is the DER as allowed under CFR Title 49 Subpart Q.
- Member agrees that all drug and alcohol tests be handled and managed by Consortium for Members Employees. Should the Member have an employee tested outside of the Consortium, the Member will forward the results to the Consortium within 48 hours of receipt.
- Member agrees that Consortium acts as an intermediary to transit drug and alcohol testing information from the MRO to the Member in accordance with 49 CFR Part 40.345(a).
- Member agrees that Random testing will be scheduled immediately when notified, per § 382.305. If test is not scheduled immediately, Consortium will follow-up with Member to schedule the Random test or discern why the test was not completed. Once a test has been scheduled, Drivers must take the test immediately. If the Member does not schedule the test or a test result is not received for the selected driver, the driver will be reported to the Clearinghouse as a Refusal to Test (RTT).
- Member agrees that if paying by credit/debit card to Consortium or its authorized processor, they represent that they are an authorized user of the payment card, PIN, key, account, or other payment method specified by Member. Member authorizes Consortium to keep credit/debit card on file and to charge the credit/debit card supplied for any Fees or other amounts owed to Consortium under this Agreement. Member agrees to keep credit/debit card information updated, and to provide Consortium with a new valid account number if the card on file is deactivated, expired, or does not have sufficient credit available to pay for Fees owed. Member may revoke this authorization by submitting a written request to Consortium.
- Member is responsible for determining if consortium services are required under their authority. Members agree to verify with the FMCSA.
- Member is responsible for providing the correct Personal Identifying Information (PII) when ordering services. If a service request (MVR, Background Check, etc.) results in an inaccurate and/or invalid report due to Member providing erroneous PII or other Member error, Member is responsible for the cost of any subsequent services needed.
- Member agrees that if they violate this Agreement, fail to follow the Consortium procedures, and/or neglect to conduct tests as requested, the Member can be expelled from the Consortium. Member expulsion from the Consortium, may be reported to the applicable Department of Transportation agency for non-compliance as required by law.
- Fees
Subscription Membership Fees:
Upon enrollment, the Member agreed that all subscriptions are recurring and will renew automatically annually. Consortium requires an annual membership fee to remain enrolled in our Random Drug and Alcohol Testing program or Post Substance Abuse Professional (SAP) Management program. Membership fees must be paid each year on Member renewal date. Member has agreed to pay for all subscription fees and authorized Consortium to charge Member’s credit/debit card. Renewal fees are determined by the number of active CDL drivers in the consortium or the number of drivers in Safer, whichever is greater, at the time of renewal.
Refunds:
Consortium does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew at the end of each paid subscription period. If a Member decides to cancel before the term of the subscription is up, the account will not be transferred, prorated, discounted, or refunded for that subscription period.
Cancellation Procedure:
Members are solely responsible for properly cancelling their subscription(s). Member subscription cancellations requested before the renewal date will be processed without a penalty. Membership subscription cancellations made on or after the renewal date will be subject to a $20 Administrative fee if the Certificate of Enrollment has not been issued. Once the Certificate of Enrollment has been issued, the membership consortium fees are non-refundable. If the Certificate of Enrollment has been issued and Member requests cancellation, the Consortium may report Member to FMCSA as non-compliant unless Member submits the signed Consortium Cancellation Request form to Vertical Identity Consortium.
À la carte Service Fees:
Fees for other services (e.g., MVR, Clearinghouse Query, Background Checks, UCR) are required at the time the service is ordered. Fees are charged for each service/component requested. Member is responsible for the cost of all Drug tests, including Split-Specimen tests. Member has agreed to pay for all à la carte services ordered and authorizes Consortium to charge Member’s credit/debit card.
Refunds:
Consortium does not offer refunds for cancelled service requests. If a service has been executed, no refund or credit will be offered. Refunds may be given if Consortium made an error.
Cancellation Procedure:
Services can only be cancelled prior to execution. If a Member cancels a service request, Consortium may offer a credit for the service. Service request cancellations will be subject to a $10 Administrative fee.
Expired or Missed Drug Tests:
Expired drug test passports are nonrefundable. Missed Random Drug/Alcohol tests will not be refunded or credited. If a Driver misses the testing window for Pre-employment, Follow-up, Reasonable Suspicion, Return-to-duty, or Post-accident drug tests, Consortium may offer a credit within 90 days of invoice date. Credit will be subject to a $10 Administrative fee.
Member agrees that any disputes or allegations regarding any payments and/or credit/debit card charges must be addressed to Consortium. Consortium reserves the right to take certain actions in the event that a credit/debit card transaction is disputed and cannot be collected once approved. These actions include, but are not limited to:
- Asking Member to immediately pay the amount of any Chargeback including any associated fees, fines, or penalties
- Cancelling/suspending subscription membership
- Taking any other actions allowed by law
Member must pay any fess owed to Consortium by the due date stated on the invoice. After 30 days, all outstanding balances will be subject to a 1.50% monthly finance charge or $10.00 per month finance charge whichever is greater. Member agrees to pay all collection costs, court costs, and legal fees incurred to collect delinquent balances. Consortium reserves the right to cancel subscription membership if Member has outstanding balances greater than 15 days. Payments received will be applied to the oldest outstanding invoices.
Consortium Fees are subject to change. If a fee dispute occurs, the current fee stated on Vertical Identity’s website prevails.
Compliance with Department of Transportation (DOT) Regulations
Both Consortium and Member agree to be bound by and comply with all provisions of applicable state and federal laws and regulations.
Term
The term of this Agreement shall commence on the effective date of the Agreement and shall continue in full force and effect for a period of one year. This Agreement will automatically renew each year unless Consortium receives a 30-day written notification of cancellation by Member.
Company Designated Employer Representative (DER)
There are two options for DER. As a single owner-operator, the Consortium may act as your DER. If you have your own DER, you must notify us upon enrollment. Member may change the DER by sending a written request to the Consortium.
Employees Subject to Testing
Member is responsible for enrolling each new employee subject to Drug and Alcohol Random testing according to FMCSA regulations. Member is required to notify consortium upon removal or addition of driver(s). Member and Consortium understand that these employees may be changed at any time. Member agrees that an enrollment fee is charged when enrolling an additional driver. Additional driver membership renews on the Member renewal date. Member agrees to pay for all membership fees and has authorized Consortium to charge Member’s credit/debit card.
Cancellation Policy:
Members are solely responsible for properly cancelling their subscription(s). Members can remove drivers and cancel Additional Driver subscriptions before the renewal date without a penalty.
Refunds:
If a Member removes a driver before the term of the subscription is up, the fee will not be transferred to another driver. If a Member decides to cancel before the term of the subscription is up, the account will not be prorated, discounted, or refunded for that subscription period. Refunds may be given if VID made an error.
Consent to Communication
By providing phone number and email address to Vertical Identity, Member agrees and acknowledges to be contacted by or on behalf of the Consortium, including emails to email address and text (SMS) messages to mobile phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages. Member agrees that these calls, texts, and emails may be regarding the services that have previously been purchased as well as services that Vertical Identity may market to Member. Providing an email address and mobile phone number is necessary to receiving drug testing and background check services from the Consortium. Member acknowledges that opting out of receiving emails and text (SMS) messages will obstruct the ability to receive service(s) that rely on those communication methods. Member acknowledges that this consent may be removed by Member but until such consent is revoked, Vertical Identity may contact Member. Member acknowledges that if consent is revoked, Vertical Identity cannot fulfill its obligation as your Consortium provider.
Notices
Any notice required by this Agreement or given in connection with it, shall be given to appropriate party in person, by phone, mail, fax, portal, or any other Consortium approved application. Consortium Contact Information:
Post Office Box 74554, New River, AZ 85087
7725 N 43rd Ave, Suite 411, Phoenix AZ 85051
Phone: 602-899-1606
Fax: 602-899-1698
Hold Harmless & Indemnification
Member agrees to hold harmless and indemnify Consortium for any claims made by Member, Member’s Employee, or former employee of Member claiming an alleged improper, illegal, and or unauthorized disclosure(s) was made by Consortium to Member or on Member’s behalf pursuant to the requirements of this agreement.
Member agrees to hold harmless and indemnify Consortium for any and all claims made by Member’s Employees rising out of or in conjunction with any erroneous, incorrect, and or incomplete information member is required to provide to Consortium under this agreement.
Final Agreement
Entire Agreement. Member acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. The Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified, amended, or replaced by Consortium from time to time upon notice to Member on the Vertical Identity website or other form of written notice; provided, however, that if Vertical Identity sends Member any such notice, via electronic communication, a posting on this website or otherwise, of any such modification, amendment or replacement, Member confirms acceptance of the modification, amendment or replacement by not cancelling subscription and/or by continuing to use Consortium. All sales final.
Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of Arizona.
All parties to this Agreement agree that any and all claims of breach of contract arising under or out of the Agreement shall be fully and finally settled by mandatory binding arbitration under the rules promulgated by the American Arbitration Association. Such mandatory binding arbitration will be held in the City of Phoenix, Arizona. Costs for binding arbitration itself will be split equally between the parties. All parties will bear their own attorney fees. All decisions of arbitrator are binding, final, and enforceable in any court of competent jurisdiction.
Updated: January 28, 2023
Updated March 21, 2023 to add 90 day limitation to section IV.